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HomeMy WebLinkAboutContract 52743-R5A4CSC No. 52743-RSA4 RENEW AL 5 AND AMENDMENT 4 TO CITY SECRETARY CONTRACT NO. 52743 SYSTEM SUPPORT AGREEMENT This Renewal and Amendment is executed by and between the City of Fort Worth ("City"), a Texas homerule municipal corporation, and Bibliotheca, LLC DBA Bibliotheca ("Vendor"), a limited liability company. City and Vendor are each individually referred to herein as a "Party" and collectively as "Parties." WHEREAS, Parties have previously entered into City of Fort Worth City Secretary Contract No. 52743 ("Agreement"); WHEREAS, the Agreement was executed for Vendor to provide the City with maintenance services and an extended warranty of specific items used throughout the City's library system; WHEREAS, the Agreement began on September 1, 2018 ("Effective Date") for a one­ year term ("Initial Term") and was renewed for a one-year term beginning on September 1, 2019 and expiring on August 31, 2020 ("First Renewal Term"); WHEREAS, the Parties amended the Agreement on September 1, 2020 in order for Vendor to provide a new subscription called Open+, a comprehensive system that allows libraries to provide more flexible hours and become more accessible to the community; WHEREAS, Parties also amended the Agreement on September 1, 2020 to allow for a three-year term beginning September 1, 2020 and ending August 31, 2023 ("Amended Term"), necessary for the implementation of the new Open + subscription, and to allow for unlimited one­ year renewals thereafter and authorized unlimited one-year renewals; WHEREAS, the Parties renewed the Agreement on September 1, 2020 for the authorized three-year term ending August 31, 2023, and documented the renewal as Renewal No. 2. WHEREAS, the Parties amended the Agreement on April 26, 2021 to allow for an increase in annual spending authority for the purchase and maintenance of equipment purchased under the agreement, as authorized under M&C 21-0288 (approved April 13, 2021); WHEREAS, the Parties added an addendum to the Agreement on September 14, 2021 to document the annual maintenance cost for the service period of September 1, 2021 to August 31, 2022; WHEREAS, the Parties most recently renewed the Agreement for its fourth renewal term set to expire on August 31, 2025; WHEREAS, the Parties now wish to renew the term of the Agreement for continued services for a fifth renewal term of one-year, specifically from September 1, 2025 to August 31, 2026;and CSC-52743 Renewal 5, Amendment 4 WHEREAS, Parties also wish to amend the Agreement to update the pricing for the new renewal period. NOW, THEREFORE, City and Vendor acting herein by the through their duly-authorized representatives, enter into the following agreement to amend and renew the Agreement: 1. AMENDMENT TO AGREEMENT The following term hereby amends the Agreement to either replace any conflicting term in the Agreement or shall be added to the terms and shall be binding and enforceable as if it were originally included therein: The attached document from Bibliotheca, Attachment A, hereby replaces the previous Attachment A and is incorporated into the Agreement. In the event of any conflict between the Agreement and the new Attachment A, the Agreement shall control over the new Attachment A. 2. RENEWAL OF AGREEMENT The term of the Agreement is hereby renewed, as amended, for an additional year beginning on September 1, 2025 and expiring on August 31, 2026, unless terminated earlier in accordance with the Agreement. 3. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 4. ELECTRONIC SIGNATURE This Renewal and Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. (Signature Page Follows) CSG52743 Renewal5, Amendment 4 (Remainder of This Page Intentionally Left Blank) CSG52743 Renewal5, Amendment 4 ACCEPTED AND AGREED: CITY OF FORT WORTH By: Dana Burghdoff (Sep 22, 2 Name: Dana Burghdoff Title: Assistant City Manager 09/22/2025 Date: APPROVAL RECOMMENDED: By: Midori Clark (Sep 19, 2025 09:01:56 CDT) Name: Midori Clark Title: Library Director ATTEST: By: Name: Jannette Goodall Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: April Jacquez (Sep 11, 2025 16:50:37 CDT) Name: April Jacquez-Cobian Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 21-0288 Date Approved: 4/13/2021 Form 1295 Certification No.: 2021-71389 BIBLIOTHECA, LLC, DBA BIBLIOTHECA By: t!,t!!.��t,E��!1:1,�T'8] Name: Matthew Bellamy Title: President Date: 09/19/2025 CSC-52743 Renewal 5, Amendment 4 Attachment A F9b�Lhec� LLC � 15159 I iudsan dlvd N. SLe :4]C _au Elrno, h1N 55Gd�=ASS.2 ��I �I�II�41 1��� ��r��i�� � l�'Iain��n�n���'Ext�en+��ti ��rr�n��T �u��� 8�11To $hip Yo Fort 4Warlh Put:lic Li6rar+� ForR 4Norlh Putslic Library 50a YJiesl �rd 5�0 Ydest 3rd 8lreai Fort4'iinrlYr T7C 7FS1[#2 Fr�r!'�^iorih T� 781U2-73Q5 Uniled S�aies United S4ales Qur�te �1.1C?-U���9�8 aate a��zo2� Cusl�rner: C11069-US Payment fiErrns: Net 3o C7�sys Ouate Expranon: P�2912�025 Cantrs�t Numbe�: 29�lB Term: 9+1 r2ii23 - gP31l2d2G Ifem �martsort 100 (S Bin} amh-nwl0�D-05i] 1 Narlhwesl Library September 01, 2d)25 -�4ugusi 31. 2G26 smar[sor[ 1 UO (� Bin} 5VM1' R-ITGAh1H-A�1 H45D1 �'ataulhwesl Regbnal Library 5eptemtaer 01. 2U25 -+4ugusi 3i. 2028 srnarisort 106 [F @in} ftw-nw-ilgarnh-amh62ai Norlhwssl Library Sepiember 01. 2U26 -�sugusl 31. 2ii26 t,�iarisari 106 (3 @in} F'N!-Ah1H 14Q-3B Ridglea Library �eptember 01, 2025 - Augus131. 2r]26 Fori Worth - Caolden Tri$ngl� 58_7 EXT_Rev,�Ad FUG-US-00069-�44 C,€�Idan Triangle 6ranch Library 5eptember 01. 2025 -+�ugusi 3i. 2026 Fi Wsarkh Gnld�nTri�ngla_STA_744M11A_€xpansion FL.�C-U5-0�069-001 Fart Y�larih Puhlic Library 5aptember 01, 2425 - Augusl 31. 2f126 Qua�►ttty liet Prlce 1 A,$�2.d5 1 5,13�6.55 Het Extend�d d,$92A5 1 1.3�d.7�1 1 -0,$92.95 1 1 U,��5.59 1 B,�Ofl.77' Subt4lal: Taa Tatal: Total: Currency 5,13fi.55 1,3Bd.74 d,8g2.d5 16,595.5F1 8,�6U.77 33,3�2.55 ��.C�7 33,3Q2_S6 �!S C7c�llar CSG52743 Renewal5, Amendment 4 City of Fort Worth, Mayor and Texas Council Communication DATE: 04/13/21 M&C FILE NUMBER: M&C 21-0288 LOG NAME: 84CONTRACT AMENDMENT NO. 2 WITH BIBLIOTHECA, LLC SUBJECT (ALL) Authorize Execution of Amendment No. 2 to City Secretary Contract 52743 to Increase the Contract Amount to $130,000.00 Annually Under the Sole Source Agreement with Bibliotheca, LLC for the Purchase and Maintenance of Equipment Needed for the Library Department RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 2 to City Secretary Contract No. 52743 to increase the contract amount to $130,000.00 annually under the sole source agreement with Bibliotheca, LLC for the purchase and maintenance of equipment needed for the Library Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize Amendment No. 2 to City Secretary Contract (CSC) No. 52743. The original contract with Bibliotheca, LLC was executed in 2018 for an amount up to $99,000.00 annually for equipment and maintenance support for the Library Department. The agreement began on September 1, 2018, with a one-year term (Initial Term) and was renewed for another one-year term (First Renewal Term) from September 1, 2019, through August 31, 2020. The Library Department is now expanding the services provided by this vendor under this contract by adding a new subscription named Open+. Open+ is a comprehensive system that allows libraries to provide more flexible hours and become more accessible to the community. The vendor's Open+ subscription is based on a three-year term for implementation. Consequently, the agreement term was amended and renewed beginning September 1, 2020, and expiring August 31, 2023 (CSC No. 52743-R2A1). Amendment No. 1 did not require Council authorization because the amount was less than $100,000.00. Amendment No. 2 does require Council authorization to increase the contract amount from $99,000.00 to $130,000.00, which will be invoiced and paid annually. Bibliotheca, LLC is the documented sole source vendor for these services. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the Bussiness Equity Division, in accordance with the BDE Ordinance, because the MBE/SBE is based on the sole source information provided to the Business Equity Division by the managing department's project manager. CONTRACT TERM & RENEWAL OPTIONS: The amended agreement provides for an initial three-year term (Amended Term) beginning September 1, 2020, and expiring August 31, 2023, and unlimited one-year annual renewals at the City's option. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital/operating budget, as previously appropriated, in the General and ITS Capital Funds for the FY20: Lib Bibliotecha to support the approval of the above recommendation and authorization of amendment. Prior to any expenditure being incurred, the Library and IT Departments has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Dana Burghdoff 8018 Originating Business Unit Head: Manya Shorr 7706 Additional Information Contact: Marilyn Marvin 7708